Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 120 First Substitute (2015GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• changes the date on which certain filing entities are required to file a financial disclosures report;
• amends provisions relating to providing notice that a candidate on a ballot has been disqualified; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MODIFICATIONS TO ELECTION LAW
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill changes the date on which certain filing entities are required to submit certain
financial disclosures.
Highlighted Provisions:
This bill:
▸ changes the date on which certain filing entities are required to file a financial
disclosures report;
▸ amends provisions relating to providing notice that a candidate on a ballot has been
disqualified; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-11-204
, as last amended by Laws of Utah 2013, Chapters 170 and 420
20A-11-206
, as last amended by Laws of Utah 2013, Chapters 170, 252, 317, and 420
20A-11-303
, as last amended by Laws of Utah 2013, Chapters 170 and 420
20A-11-305
, as last amended by Laws of Utah 2013, Chapters 170, 252, 317, and 420
20A-11-507
, as last amended by Laws of Utah 2010, Chapter 389
20A-11-508
, as last amended by Laws of Utah 2013, Chapters 252 and 420
20A-11-511
, as enacted by Laws of Utah 2011, Chapter 396
20A-11-512
, as last amended by Laws of Utah 2013, Chapters 252 and 420
20A-11-602
, as last amended by Laws of Utah 2013, Chapter 420
20A-11-603
, as last amended by Laws of Utah 2013, Chapters 252 and 420
20A-11-701
, as last amended by Laws of Utah 2013, Chapters 318 and 420
20A-11-702
, as last amended by Laws of Utah 2013, Chapters 318 and 420
20A-11-802
, as last amended by Laws of Utah 2013, Chapter 420
20A-11-803
, as last amended by Laws of Utah 2013, Chapter 420
20A-11-1303
, as last amended by Laws of Utah 2014, Chapter 337
20A-11-1305
, as last amended by Laws of Utah 2014, Chapter 337
20A-11-1502
, as enacted by Laws of Utah 2010, Chapter 389
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-11-204
 is amended to read:
20A-11-204.
State office candidate and state officeholder -- Financial reporting
requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-201
(1)(a).
(b) Except as provided in Subsection (1)(c), each state office candidate shall file an
interim report at the following times in any year in which the candidate has filed a declaration
of candidacy for a public office:
(i) seven days before the candidate's political convention;
(ii) seven days before the regular primary election date;
(iii) [
August 31
] 
September 30
; and
(iv) seven days before the regular general election date.
(c) If a state office candidate is a state office candidate seeking appointment for a
midterm vacancy, the state office candidate:
(i) shall file an interim report:
(A) no later than seven days before the day on which the political party of the party for
which the state office candidate seeks nomination meets to declare a nominee for the governor
to appoint in accordance with Section 
20A-1-504
; or
(B) if a state office candidate decides to seek the appointment with less than seven days
before the party meets, or the political party schedules the meeting to declare a nominee less
than seven days before the day of the meeting, no later than 5 p.m. on the last day of business
before the day on which the party meets; and
(ii) is not required to file an interim report at the times described in Subsection (1)(b).
(d) Each state office holder who has a campaign account that has not been dissolved
under Section 
20A-11-205
 shall, in an even year, file an interim report at the following times,
regardless of whether an election for the state office holder's office is held that year:
(i) seven days before the political convention for the political party of the state office
holder;
(ii) seven days before the regular primary election date;
(iii) [
August 31
] 
September 30
; and
(iv) seven days before the regular general election date.
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the state office candidate or state
office holder is designated as an officer who has primary decision-making authority under
Section 
20A-11-601
.
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a state office candidate or state
office holder more than five days before the required filing date of a report required by this
section shall be included in the interim report.
Section 2. Section 
20A-11-206
 is amended to read:
20A-11-206.
State office candidate -- Failure to file reports -- Penalties.
(1) (a) A state office candidate who fails to file a financial statement by the deadline is
subject to a fine imposed in accordance with Section 
20A-11-1005
.
(b) If a state office candidate fails to file an interim report [
due before the regular
primary election, on August 31, or before the regular general election
] 
described in Subsections
20A-11-204
(1)(b)(ii) through (iv)
, the lieutenant governor shall, after making a reasonable
attempt to discover if the report was timely filed, inform the county clerk and other appropriate
election officials that the state office candidate is disqualified.
(c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
provided in Section 
20A-1-501
.
(ii) If a state office candidate is disqualified under Subsection (1)(a), the election
official shall:
(A) remove the candidate's name from the ballot; or
(B) if removing the candidate's name from the ballot is not practicable, inform the
voters by any practicable method that the candidate has been disqualified and that votes cast for
the candidate will not be counted.
(iii) An election official may fulfill the requirement described in Subsection
(1)(c)(ii)(B) in relation to an absentee voter, including a military or overseas absentee voter, by
including with the absentee ballot a written notice directing the voter to a public website that
will inform the voter whether a candidate on the ballot is disqualified.
(d) Notwithstanding Subsections (1)(b) and (1)(c), a state office candidate is not
disqualified if:
(i) the candidate timely files the reports required by this section no later than the due
date in accordance with Section 
20A-11-103
;
(ii) the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
(iii) the omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
corrected in:
(A) an amended report; or
(B) the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(i) each state office candidate that is required to file a summary report has filed one;
and
(ii) each summary report contains the information required by this part.
(b) If it appears that any state office candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law, or if the
lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the state office candidate of the violation or
written complaint and direct the state office candidate to file a summary report correcting the
problem.
(c) (i) It is unlawful for any state office candidate to fail to file or amend a summary
report within seven days after receiving notice from the lieutenant governor under this section.
(ii) Each state office candidate who violates Subsection (2)(c)(i) is guilty of a class B
misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
attorney general.
(iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
governor shall impose a civil fine of $100 against a state office candidate who violates
Subsection (2)(c)(i).
Section 3. Section 
20A-11-303
 is amended to read:
20A-11-303.
Legislative office candidate and legislative officeholder -- Financial
reporting requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-301
(1)(a)(i).
(b) Except as provided in Subsection (1)(d), each legislative office candidate shall file
an interim report at the following times in any year in which the candidate has filed a
declaration of candidacy for a public office:
(i) seven days before the candidate's political convention;
(ii) seven days before the regular primary election date;
(iii) [
August 31
] 
September 30
; and
(iv) seven days before the regular general election date.
(c) Each legislative office holder who has a campaign account that has not been
dissolved under Section 
20A-11-304
 shall, in an even year, file an interim report at the
following times, regardless of whether an election for the legislative office holder's office is
held that year:
(i) seven days before the political convention for the political party of the legislative
office holder;
(ii) seven days before the regular primary election date for that year;
(iii) [
August 31
] 
September 30
; and
(iv) seven days before the regular general election date.
(d) If a legislative office candidate is a legislative office candidate seeking appointment
for a midterm vacancy, the legislative office candidate:
(i) shall file an interim report:
(A) no later than seven days before the day on which the political party of the party for
which the legislative office candidate seeks nomination meets to declare a nominee for the
governor to appoint in accordance with Section 
20A-1-503
; or
(B) if a legislative office candidate decides to seek the appointment with less than
seven days before the party meets, or the political party schedules the meeting to declare a
nominee less than seven days before the day of the meeting, no later than 5 p.m. on the last day
of business before the day on which the party meets; and
(ii) is not required to file an interim report at the times described in Subsection (1)(b).
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the legislative office candidate or
legislative office holder is designated as an officer who has primary decision-making authority
under Section 
20A-11-601
.
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a legislative office candidate or
legislative office holder more than five days before the required filing date of a report required
by this section shall be included in the interim report.
Section 4. Section 
20A-11-305
 is amended to read:
20A-11-305.
Legislative office candidate -- Failure to file report -- Penalties.
(1) (a) A legislative office candidate who fails to file a financial statement by the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
(b) If a legislative office candidate fails to file an interim report [
due before the regular
primary election, on August 31, or before the regular general election
] 
described in Subsections
20A-11-303
(1)(b)(ii) through (iv)
, the lieutenant governor shall, after making a reasonable
attempt to discover if the report was timely filed, inform the county clerk and other appropriate
election officials that the legislative office candidate is disqualified.
(c) (i) The vacancy on the ballot resulting from the disqualification may be filled as
provided in Section 
20A-1-501
.
(ii) If a legislative office candidate is disqualified under Subsection (1)(a), the election
officer shall:
(A) remove the candidate's name from the ballot; or
(B) if removing the candidate's name from the ballot is not practicable, inform the
voters by any practicable method that the candidate has been disqualified and that votes cast for
the candidate will not be counted.
(d) Notwithstanding Subsections (1)(b) and (1)(c), a legislative office candidate is not
disqualified if:
(i) the candidate timely files the reports required by this section no later than the due
date in accordance with Section 
20A-11-103
;
(ii) the reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
(iii) the omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
corrected in:
(A) an amended report; or
(B) the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report, the lieutenant
governor shall review each filed summary report to ensure that:
(i) each legislative office candidate that is required to file a summary report has filed
one; and
(ii) each summary report contains the information required by this part.
(b) If it appears that any legislative office candidate has failed to file the summary
report required by law, if it appears that a filed summary report does not conform to the law, or
if the lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the legislative office candidate of the
violation or written complaint and direct the legislative office candidate to file a summary
report correcting the problem.
(c) (i) It is unlawful for any legislative office candidate to fail to file or amend a
summary report within seven days after receiving notice from the lieutenant governor under
this section.
(ii) Each legislative office candidate who violates Subsection (2)(c)(i) is guilty of a
class B misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
attorney general.
(iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
governor shall impose a civil fine of $100 against a legislative office candidate who violates
Subsection (2)(c)(i).
Section 5. Section 
20A-11-507
 is amended to read:
20A-11-507.
Political party financial reporting requirements -- Interim reports.
(1) The party committee of each registered political party shall file an interim report at
the following times in any year in which there is a regular general election:
(a) seven days before the registered political party's political convention;
(b) seven days before the regular primary election date;
(c) [
August 31
] 
September 30
; and
(d) seven days before the general election date.
(2) Each interim report shall include the following information:
(a) the net balance of the last financial statement, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution, the fair market value of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report; and
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date.
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(4) In preparing each interim report, all receipts and expenditures shall be reported as
of five days before the required filing date of the report.
Section 6. Section 
20A-11-508
 is amended to read:
20A-11-508.
Political party reporting requirements -- Criminal penalties -- Fines.
(1) (a) Each registered political party that fails to file a financial statement by the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
(b) Each registered political party that fails to file [
the interim reports due before the
regular primary election, on August 31, or before the regular general election
] 
an interim report
described in Subsections 
20A-11-507
(1)(b) through (d)
 is guilty of a class B misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (1)(b) to the
attorney general.
(2) Within 30 days after a deadline for the filing of a summary report required by this
part, the lieutenant governor shall review each filed report to ensure that:
(a) each political party that is required to file a report has filed one; and
(b) each report contains the information required by this part.
(3) If it appears that any political party has failed to file a report required by law, if it
appears that a filed report does not conform to the law, or if the lieutenant governor has
received a written complaint alleging a violation of the law or the falsity of any report, the
lieutenant governor shall, within five days of discovery of a violation or receipt of a written
complaint, notify the political party of the violation or written complaint and direct the political
party to file a summary report correcting the problem.
(4) (a) It is unlawful for any political party to fail to file or amend a summary report
within seven days after receiving notice from the lieutenant governor under this section.
(b) Each political party who violates Subsection (4)(a) is guilty of a class B
misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
attorney general.
(d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
governor shall impose a civil fine of $1,000 against a political party that violates Subsection
(4)(a).
Section 7. Section 
20A-11-511
 is amended to read:
20A-11-511.
County political party financial reporting requirements -- Interim
reports.
(1) (a) A county political party officer of a county political party that has received
contributions totaling at least $750, or disbursed expenditures totaling at least $50, during a
calendar year shall file an interim report at the following times in any year in which there is a
regular general election:
(i) seven days before the county political party's convention;
(ii) seven days before the regular primary election date;
(iii) [
August 31
] 
September 30
; and
(iv) seven days before the general election date.
(b) A county political party officer need not file an interim report if it received no
contributions or made no expenditures during the reporting period.
(2) Each interim report shall include the following information:
(a) the net balance of the last financial statement, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution, the fair market value of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report; and
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date.
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(4) In preparing each interim report, all receipts and expenditures shall be reported as
of five days before the required filing date of the report.
Section 8. Section 
20A-11-512
 is amended to read:
20A-11-512.
County political party -- Criminal penalties -- Fines.
(1) (a) A county political party that fails to file an interim report that is due seven days
before the county political party's convention is subject to a fine imposed in accordance with
Section 
20A-11-1005
.
(b) A county political party that fails to file [
the interim report due before the regular
primary election, on August 31, or before the regular general election
] 
an interim report
described in Subsections 
20A-11-511
(1)(a)(ii) through (iv)
 is subject to a fine of $1,000, which
the chief election officer shall deposit in the General Fund.
(2) Within 30 days after a deadline for the filing of the January 10 statement required
by Section 
20A-11-510
, the lieutenant governor shall review each filed statement to ensure
that:
(a) a county political party officer who is required to file a statement has filed one; and
(b) each statement contains the information required by Section 
20A-11-510
.
(3) If it appears that any county political party officer has failed to file a financial
statement, if it appears that a filed financial statement does not conform to the law, or if the
lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any financial statement, the lieutenant governor shall, within five days of discovery of
a violation or receipt of a written complaint, notify the county political party officer of the
violation or written complaint and direct the county political party officer to file a financial
statement correcting the problem.
(4) A county political party that fails to file or amend a financial statement within
seven days after receiving notice from the lieutenant governor under this section is subject to a
fine of $1,000, which the chief election officer shall deposit in the General Fund.
Section 9. Section 
20A-11-602
 is amended to read:
20A-11-602.
Political action committees -- Financial reporting.
(1) (a) Each registered political action committee that has received contributions
totaling at least $750, or disbursed expenditures totaling at least $50, during a calendar year
shall file a verified financial statement with the lieutenant governor's office:
(i) on January 10, reporting contributions and expenditures as of December 31 of the
previous year;
(ii) seven days before the state political convention of each major political party;
(iii) seven days before the regular primary election date;
(iv) on [
August 31
] 
September 30
; and
(v) seven days before:
(A) the municipal general election; and
(B) the regular general election date.
(b) The registered political action committee shall report:
(i) a detailed listing of all contributions received and expenditures made since the last
statement; and
(ii) for [
financial statements filed under
] 
a financial statement described in
 Subsections
(1)(a)(ii) through (iv), all contributions and expenditures as of five days before the required
filing date of the financial statement.
(c) The registered political action committee need not file a statement under this
section if it received no contributions and made no expenditures during the reporting period.
(2) (a) The verified financial statement shall include:
(i) the name and address of any individual that makes a contribution to the reporting
political action committee, and the amount of the contribution;
(ii) the identification of any publicly identified class of individuals that makes a
contribution to the reporting political action committee, and the amount of the contribution;
(iii) the name and address of any political action committee, group, or entity that makes
a contribution to the reporting political action committee, and the amount of the contribution;
(iv) for each nonmonetary contribution, the fair market value of the contribution;
(v) the name and address of each reporting entity that received an expenditure from the
reporting political action committee, and the amount of each expenditure;
(vi) for each nonmonetary expenditure, the fair market value of the expenditure;
(vii) the total amount of contributions received and expenditures disbursed by the
reporting political action committee;
(viii) a statement by the political action committee's treasurer or chief financial officer
certifying that, to the best of the person's knowledge, the financial report is accurate; and
(ix) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(b) (i) Contributions received by a political action committee that have a value of $50
or less need not be reported individually, but shall be listed on the report as an aggregate total.
(ii) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(3) A group or entity may not divide or separate into units, sections, or smaller groups
for the purpose of avoiding the financial reporting requirements of this chapter, and substance
shall prevail over form in determining the scope or size of a political action committee.
(4) (a) As used in this Subsection (4), "received" means:
(i) for a cash contribution, that the cash is given to a political action committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the political action committee.
(b) A political action committee shall report each contribution to the lieutenant
governor within 30 days after the contribution is received.
Section 10. Section 
20A-11-603
 is amended to read:
20A-11-603.
Criminal penalties -- Fines.
(1) (a) Each political action committee that fails to file a financial statement by the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
(b) Each political action committee that fails to file [
the
] 
a
 financial statement [
due
before the regular primary election, on August 31, before the municipal general election, or
before the regular general election
] 
described in Subsections 
20A-11-602
(1)(a)(iii) through (v)
is guilty of a class B misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (1)(b) to the
attorney general.
(2) Within 30 days after a deadline for the filing of the January 10 statement required
by this part, the lieutenant governor shall review each filed statement to ensure that:
(a) each political action committee that is required to file a statement has filed one; and
(b) each statement contains the information required by this part.
(3) If it appears that any political action committee has failed to file the January 10
statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
governor has received a written complaint alleging a violation of the law or the falsity of any
statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
of a written complaint, notify the political action committee of the violation or written
complaint and direct the political action committee to file a statement correcting the problem.
(4) (a) It is unlawful for any political action committee to fail to file or amend a
statement within seven days after receiving notice from the lieutenant governor under this
section.
(b) Each political action committee that violates Subsection (4)(a) is guilty of a class B
misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
attorney general.
(d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
governor shall impose a civil fine of $1,000 against a political action committee that violates
Subsection (4)(a).
Section 11. Section 
20A-11-701
 is amended to read:
20A-11-701.
Campaign financial reporting by corporations -- Filing requirements
-- Statement contents -- Donor reporting and notification required.
(1) (a) Each corporation that has made expenditures for political purposes that total at
least $750 during a calendar year shall file a verified financial statement with the lieutenant
governor's office:
(i) on January 10, reporting expenditures as of December 31 of the previous year;
(ii) seven days before the state political convention for each major political party;
(iii) seven days before the regular primary election date;
(iv) on [
August 31
] 
September 30
; and
(v) seven days before the regular general election date.
(b) The corporation shall report:
(i) a detailed listing of all expenditures made since the last financial statement;
(ii) for [
financial statements filed under
] 
a financial statement described in
 Subsections
(1)(a)(ii) through (v), all expenditures as of five days before the required filing date of the
financial statement; and
(iii) whether the corporation, including an officer of the corporation, director of the
corporation, or person with at least 10% ownership in the corporation:
(A) has bid since the last financial statement on a contract, as defined in Section
63G-6a-103
, in excess of $100,000;
(B) is currently bidding on a contract, as defined in Section 
63G-6a-103
, in excess of
$100,000; or
(C) is a party to a contract, as defined in Section 
63G-6a-103
, in excess of $100,000.
(c) The corporation need not file a financial statement under this section if the
corporation made no expenditures during the reporting period.
(2) The financial statement shall include:
(a) the name and address of each reporting entity that received an expenditure from the
corporation, and the amount of each expenditure;
(b) the total amount of expenditures disbursed by the corporation:
(i) since the last financial statement; and
(ii) during the calendar year;
(c) (i) a statement that the corporation did not receive any money from any donor
during the calendar year or the previous calendar year that the corporation has not reported in a
previous financial statement; or
(ii) a report, described in Subsection (3), of the money received from donors during the
calendar year or the previous calendar year that the corporation has not reported in a previous
financial statement; and
(d) a statement by the corporation's treasurer or chief financial officer certifying the
accuracy of the financial statement.
(3) (a) The report required by Subsection (2)(c)(ii) shall include:
(i) the name and address of each donor;
(ii) the amount of the money received by the corporation from each donor; and
(iii) the date on which the corporation received the money.
(b) A corporation shall report money received from donors in the following order:
(i) first, beginning with the least recent date on which the corporation received money
that the corporation has not reported in a previous financial statement, the money received from
a donor that:
(A) requests that the corporation use the money to make an expenditure;
(B) gives the money to the corporation in response to a solicitation indicating the
corporation's intent to make an expenditure; or
(C) knows that the corporation may use the money to make an expenditure; and
(ii) second, divide the difference between the total amount of expenditures made since
the last financial statement and the total amount of money reported under Subsection (3)(b)(i)
on a proration basis between all donors that:
(A) are not described in Subsection (3)(b)(i);
(B) gave at least $50 during the calendar year or previous calendar year; and
(C) have not been reported in a previous financial statement.
(c) If the amount reported under Subsection (3)(b) is less than the total amount of
expenditures made since the last financial statement, the financial statement shall contain a
statement that the corporation has reported all donors that gave money, and all money received
by donors, during the calendar year or previous calendar year that the corporation has not
reported in a previous financial statement.
(d) The corporation shall indicate on the financial statement that the amount attributed
to each donor under Subsection (3)(b)(ii) is only an estimate.
(e) (i) For all individual donations of $50 or less, the corporation may report a single
aggregate figure without separate detailed listings.
(ii) The corporation:
(A) may not report in the aggregate two or more donations from the same source that
have an aggregate total of more than $50; and
(B) shall separately report donations described in Subsection (3)(e)(ii)(A).
(4) If a corporation makes expenditures that total at least $750 during a calendar year,
the corporation shall notify a person giving money to the corporation that:
(a) the corporation may use the money to make an expenditure; and
(b) the person's name and address may be disclosed on the corporation's financial
statement.
Section 12. Section 
20A-11-702
 is amended to read:
20A-11-702.
Campaign financial reporting of political issues expenditures by
corporations -- Financial reporting -- Donor reporting and notification required.
(1) (a) Each corporation that has made political issues expenditures on current or
proposed ballot issues that total at least $750 during a calendar year shall file a verified
financial statement with the lieutenant governor's office:
(i) on January 10, reporting expenditures as of December 31 of the previous year;
(ii) seven days before the state political convention of each major political party;
(iii) seven days before the regular primary election date;
(iv) on [
August 31
] 
September 30
; and
(v) seven days before the regular general election date.
(b) The corporation shall report:
(i) a detailed listing of all expenditures made since the last financial statement; and
(ii) for [
financial statements under
] 
a financial statement described in
 Subsections
(1)(a)(ii) through (v), expenditures as of five days before the required filing date of the
financial statement.
(c) The corporation need not file a statement under this section if it made no
expenditures during the reporting period.
(2) That statement shall include:
(a) the name and address of each individual, entity, or group of individuals or entities
that received a political issues expenditure of more than $50 from the corporation, and the
amount of each political issues expenditure;
(b) the total amount of political issues expenditures disbursed by the corporation:
(i) since the last financial statement; and
(ii) during the calendar year;
(c) (i) a statement that the corporation did not receive any money from any donor
during the calendar year or the previous calendar year that the corporation has not reported in a
previous financial statement; or
(ii) a report, described in Subsection (3), of the money received from donors during the
calendar year or the previous calendar year that the corporation has not reported in a previous
financial statement; and
(d) a statement by the corporation's treasurer or chief financial officer certifying the
accuracy of the verified financial statement.
(3) (a) The report required by Subsection (2)(c)(ii) shall include:
(i) the name and address of each donor;
(ii) the amount of the money received by the corporation from each donor; and
(iii) the date on which the corporation received the money.
(b) A corporation shall report money received from donors in the following order:
(i) first, beginning with the least recent date on which the corporation received money
that has not been reported in a previous financial statement, the money received from a donor
that:
(A) requests that the corporation use the money to make a political issues expenditure;
(B) gives the money to the corporation in response to a solicitation indicating the
corporation's intent to make a political issues expenditure; or
(C) knows that the corporation may use the money to make a political issues
expenditure; and
(ii) second, divide the difference between the total amount of political issues
expenditures made since the last financial statement and the total amount of money reported
under Subsection (3)(b)(i) on a proration basis between all donors that:
(A) are not described in Subsection (3)(b)(i);
(B) gave at least $50 during the calendar year or previous calendar year; and
(C) have not been reported in a previous financial statement.
(c) If the amount reported under Subsection (3)(b) is less than the total amount of
political issues expenditures made since the last financial statement, the financial statement
shall contain a statement that the corporation has reported all donors that gave money, and all
money received by donors, during the calendar year or previous calendar year that the
corporation has not reported in a previous financial statement.
(d) The corporation shall indicate on the financial statement that the amount attributed
to each donor under Subsection (3)(b)(ii) is only an estimate.
(e) (i) For all individual donations of $50 or less, the corporation may report a single
aggregate figure without separate detailed listings.
(ii) The corporation:
(A) may not report in the aggregate two or more donations from the same source that
have an aggregate total of more than $50; and
(B) shall separately report donations described in Subsection (3)(e)(ii)(A).
(4) If a corporation makes political issues expenditures that total at least $750 during a
calendar year, the corporation shall notify a person giving money to the corporation that:
(a) the corporation may use the money to make a political issues expenditure; and
(b) the person's name and address may be disclosed on the corporation's financial
statement.
Section 13. Section 
20A-11-802
 is amended to read:
20A-11-802.
Political issues committees -- Financial reporting.
(1) (a) Each registered political issues committee that has received political issues
contributions totaling at least $750, or disbursed political issues expenditures totaling at least
$50, during a calendar year, shall file a verified financial statement with the lieutenant
governor's office:
(i) on January 10, reporting contributions and expenditures as of December 31 of the
previous year;
(ii) seven days before the state political convention of each major political party;
(iii) seven days before the regular primary election date;
(iv) seven days before the date of an incorporation election, if the political issues
committee has received donations or made disbursements to affect an incorporation;
(v) at least three days before the first public hearing held as required by Section
20A-7-204.1
;
(vi) if the political issues committee has received or expended funds in relation to an
initiative or referendum, at the time the initiative or referendum sponsors submit:
(A) the verified and certified initiative packets as required by Section 
20A-7-206
; or
(B) the signed and verified referendum packets as required by Section 
20A-7-306
;
(vii) on [
August 31
] 
September 30
; and
(viii) seven days before:
(A) the municipal general election; and
(B) the regular general election.
(b) The political issues committee shall report:
(i) a detailed listing of all contributions received and expenditures made since the last
statement; and
(ii) all contributions and expenditures as of five days before the required filing date of
the financial statement, except for a financial statement filed on January 10.
(c) The political issues committee need not file a statement under this section if it
received no contributions and made no expenditures during the reporting period.
(2) (a) That statement shall include:
(i) the name and address of any individual that makes a political issues contribution to
the reporting political issues committee, and the amount of the political issues contribution;
(ii) the identification of any publicly identified class of individuals that makes a
political issues contribution to the reporting political issues committee, and the amount of the
political issues contribution;
(iii) the name and address of any political issues committee, group, or entity that makes
a political issues contribution to the reporting political issues committee, and the amount of the
political issues contribution;
(iv) the name and address of each reporting entity that makes a political issues
contribution to the reporting political issues committee, and the amount of the political issues
contribution;
(v) for each nonmonetary contribution, the fair market value of the contribution;
(vi) except as provided in Subsection (2)(c), the name and address of each individual,
entity, or group of individuals or entities that received a political issues expenditure of more
than $50 from the reporting political issues committee, and the amount of each political issues
expenditure;
(vii) for each nonmonetary expenditure, the fair market value of the expenditure;
(viii) the total amount of political issues contributions received and political issues
expenditures disbursed by the reporting political issues committee;
(ix) a statement by the political issues committee's treasurer or chief financial officer
certifying that, to the best of the person's knowledge, the financial statement is accurate; and
(x) a summary page in the form required by the lieutenant governor that identifies:
(A) beginning balance;
(B) total contributions during the period since the last statement;
(C) total contributions to date;
(D) total expenditures during the period since the last statement; and
(E) total expenditures to date.
(b) (i) Political issues contributions received by a political issues committee that have a
value of $50 or less need not be reported individually, but shall be listed on the report as an
aggregate total.
(ii) Two or more political issues contributions from the same source that have an
aggregate total of more than $50 may not be reported in the aggregate, but shall be reported
separately.
(c) When reporting political issue expenditures made to circulators of initiative
petitions, the political issues committee:
(i) need only report the amount paid to each initiative petition circulator; and
(ii) need not report the name or address of the circulator.
(3) (a) As used in this Subsection (3), "received" means:
(i) for a cash contribution, that the cash is given to a political issues committee;
(ii) for a contribution that is a negotiable instrument or check, that the negotiable
instrument or check is negotiated; and
(iii) for any other type of contribution, that any portion of the contribution's benefit
inures to the political issues committee.
(b) A political issues committee shall report each contribution to the lieutenant
governor within 30 days after the contribution is received.
Section 14. Section 
20A-11-803
 is amended to read:
20A-11-803.
Criminal penalties.
(1) (a) Each political issues committee that fails to file [
the
] 
a
 financial statement [
due
August 31, before the municipal general election, or before the regular general election
]
described in Subsection 
20A-11-802
(1)(a)(vii) or (viii)
 is guilty of a class B misdemeanor.
(b) The lieutenant governor shall report all violations of Subsection (1)(a) to the
attorney general.
(2) Within 30 days after a deadline for the filing of the January 10 statement, the
lieutenant governor shall review each filed statement to ensure that:
(a) each political issues committee that is required to file a statement has filed one; and
(b) each statement contains the information required by this part.
(3) If it appears that any political issues committee has failed to file the January 10
statement, if it appears that a filed statement does not conform to the law, or if the lieutenant
governor has received a written complaint alleging a violation of the law or the falsity of any
statement, the lieutenant governor shall, within five days of discovery of a violation or receipt
of a written complaint, notify the political issues committee of the violation or written
complaint and direct the political issues committee to file a statement correcting the problem.
(4) (a) It is unlawful for any political issues committee to fail to file or amend a
statement within seven days after receiving notice from the lieutenant governor under this
section.
(b) Each political issues committee who violates Subsection (4)(a) is guilty of a class B
misdemeanor.
(c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
attorney general.
(d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
governor shall impose a civil fine of $1,000 against a political issues committee that violates
Subsection (4)(a).
Section 15. Section 
20A-11-1303
 is amended to read:
20A-11-1303.
School board office candidate and school board officeholder --
Financial reporting requirements -- Interim reports.
(1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
account required under Subsection 
20A-11-1301
(1)(a)(i).
(b) Each school board office candidate shall file an interim report at the following
times in any year in which the candidate has filed a declaration of candidacy for a public office:
(i) May 15;
(ii) seven days before the regular primary election date;
(iii) [
August 31
] 
September 30
; and
(iv) seven days before the regular general election date.
(c) Each school board office holder who has a campaign account that has not been
dissolved under Section 
20A-11-1304
 shall, in an even year, file an interim report at the
following times, regardless of whether an election for the school board office holder's office is
held that year:
(i) May 15;
(ii) seven days before the regular primary election date for that year;
(iii) [
August 31
] 
September 30
; and
(iv) seven days before the regular general election date.
(2) Each interim report shall include the following information:
(a) the net balance of the last summary report, if any;
(b) a single figure equal to the total amount of receipts reported on all prior interim
reports, if any, during the calendar year in which the interim report is due;
(c) a single figure equal to the total amount of expenditures reported on all prior
interim reports, if any, filed during the calendar year in which the interim report is due;
(d) a detailed listing of each contribution and public service assistance received since
the last summary report that has not been reported in detail on a prior interim report;
(e) for each nonmonetary contribution:
(i) the fair market value of the contribution with that information provided by the
contributor; and
(ii) a specific description of the contribution;
(f) a detailed listing of each expenditure made since the last summary report that has
not been reported in detail on a prior interim report;
(g) for each nonmonetary expenditure, the fair market value of the expenditure;
(h) a net balance for the year consisting of the net balance from the last summary
report, if any, plus all receipts since the last summary report minus all expenditures since the
last summary report;
(i) a summary page in the form required by the lieutenant governor that identifies:
(i) beginning balance;
(ii) total contributions during the period since the last statement;
(iii) total contributions to date;
(iv) total expenditures during the period since the last statement; and
(v) total expenditures to date; and
(j) the name of a political action committee for which the school board office candidate
or school board office holder is designated as an officer who has primary decision-making
authority under Section 
20A-11-601
.
(3) (a) For all individual contributions or public service assistance of $50 or less, a
single aggregate figure may be reported without separate detailed listings.
(b) Two or more contributions from the same source that have an aggregate total of
more than $50 may not be reported in the aggregate, but shall be reported separately.
(4) (a) In preparing each interim report, all receipts and expenditures shall be reported
as of five days before the required filing date of the report.
(b) Any negotiable instrument or check received by a school board office candidate or
school board office holder more than five days before the required filing date of a report
required by this section shall be included in the interim report.
Section 16. Section 
20A-11-1305
 is amended to read:
20A-11-1305.
School board office candidate -- Failure to file statement --
Penalties.
(1) (a) A school board office candidate who fails to file a financial statement by the
deadline is subject to a fine imposed in accordance with Section 
20A-11-1005
.
(b) If a school board office candidate fails to file an interim report [
due before the
regular primary election, on August 31, or before the regular general election
] 
described in
Subsections 
20A-11-1303
(1)(b)(ii) through (iv)
, the chief election officer shall, after making a
reasonable attempt to discover if the report was timely filed, inform the county clerk and other
appropriate election officials who:
(i) (A) shall, if practicable, remove the name of the candidate from the ballots before
the ballots are delivered to voters; or
(B) shall, if removing the candidate's name from the ballot is not practicable, inform
the voters by any practicable method that the candidate has been disqualified and that votes
cast for the candidate will not be counted; and
(ii) may not count any votes for that candidate.
(c) Any school board office candidate who fails to file timely a financial statement
required by Subsection 
20A-11-1303
(1)(b)(ii), (iii), or (iv) is disqualified.
(d) Notwithstanding Subsections (1)(b) and (1)(c), a school board office candidate is
not disqualified and the chief election officer may not impose a fine if:
(i) the candidate timely files the reports required by this section in accordance with
Section 
20A-11-103
;
(ii) those reports are completed, detailing accurately and completely the information
required by this part except for inadvertent omissions or insignificant errors or inaccuracies;
and
(iii) those omissions, errors, or inaccuracies described in Subsection (1)(d)(ii) are
corrected in:
(A) an amended report; or
(B) the next scheduled report.
(2) (a) Within 30 days after a deadline for the filing of a summary report by a school
board office candidate, the lieutenant governor shall review each filed summary report to
ensure that:
(i) each school board candidate that is required to file a summary report has filed one;
and
(ii) each summary report contains the information required by this part.
(b) If it appears that a school board candidate has failed to file the summary report
required by law, if it appears that a filed summary report does not conform to the law, or if the
lieutenant governor has received a written complaint alleging a violation of the law or the
falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
violation or receipt of a written complaint, notify the school board candidate of the violation or
written complaint and direct the school board candidate to file a summary report correcting the
problem.
(c) (i) It is unlawful for a school board candidate to fail to file or amend a summary
report within seven days after receiving notice from the lieutenant governor under this section.
(ii) Each school board candidate who violates Subsection (2)(c)(i) is guilty of a class B
misdemeanor.
(iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
attorney general.
(iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
governor shall impose a civil fine of $100 against a school board candidate who violates
Subsection (2)(c)(i).
Section 17. Section 
20A-11-1502
 is amended to read:
20A-11-1502.
Campaign financial reporting of contributions -- Filing
requirements -- Statement contents.
(1) (a) Each labor organization that has made expenditures for political purposes or
political issues expenditures on current or proposed ballot issues that total at least $750 during
a calendar year shall file a verified financial statement with the lieutenant governor's office:
(i) on January 10, reporting expenditures as of December 31 of the previous year;
(ii) seven days before the regular primary election date;
(iii) on [
August 31
] 
September 30
; and
(iv) seven days before the regular general election date.
(b) The labor organization shall report:
(i) a detailed listing of all expenditures made since the last statement; and
(ii) for [
financial statements filed under
] 
a financial statement described in
 Subsections
(1)(a)(ii) through (iv), all expenditures as of five days before the required filing date of the
financial statement.
(c) The labor organization need not file a financial statement under this section if the
labor organization:
(i) made no expenditures during the reporting period; or
(ii) reports its expenditures during the reporting period under another part of this
chapter.
(2) The financial statement shall include:
(a) the name and address of each reporting entity that received an expenditure or
political issues expenditure of more than $50 from the labor organization, and the amount of
each expenditure or political issues expenditure;
(b) the total amount of expenditures disbursed by the labor organization; and
(c) a statement by the labor organization's treasurer or chief financial officer certifying
the accuracy of the financial statement.